JUDGMENT :

A.K. Jayasankaran Nambiar, J.

The appellants before us impugn the orders passed by the Special Court for the Trial of NIA Cases, Ernakulam, in S.C.No.02/2023/NIA/KOC, that denied them bail under Section 439 of the Code of Criminal Procedure, by relying on the provisions of Section 43D (5) of the Unlawful Activities (Prevention) Act, 1967 [hereinafter referred to as the “UA (P) Act”].

Background facts:

3. In connection with the murder of an RSS worker Srinivasan, at Melamuri Junction in Palakkad Town in Kerala, on 16.04.2022, allegedly by members of the Popular Front of India [PFI] cadres, an FIR No.318/2022 dated 16.04.2022 was registered at Palakkad Town South Police Station under Sections 120B, 34, 118, 119, 109, 115, 143, 144, 147, 148, 449, 341, 201, 212, 302 read with 149 of the INDIAN PENAL CODE and Section 3 (a)(b)(d) read with 7 of the Religious Institutions (Prevention of Misuse) Act, 1988. Pursuant to the investigation conducted in the said case, 51 persons were arraigned as accused by the State and 44 among them were arrested. One among those arrested died and 7 of the accused persons could not be arrested because they were absconding. The Investigation Office